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HomeMy WebLinkAbout03-20-2000 Planning Commission Minutes • ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 ROLL The Orono Planning Commission met on the above date with the following members present: Chair Elizabeth Hawn, Commissioners Dale Lindquist, Janice Berg, Jay Nygard, and Daniel Kluth. Commissioners William Stoddard and Sandra Smith were absent. The following represented City Staff: Zoning Administrator Paul Weinberger, Zoning Administrator Wendy Bottenberg, Public Works Director Greg Gappa, and Recorder Jackie Young. Park Commissioner Andrew McDermott was present. Chair Hawn called the meeting to order at 6:30 p.m. OLD BUSINESS (#1) #2551 THOMAS MICHAEL RANDGAARD, 2765 SHADYWOOD ROAD, CONDITIONAL USE PERMIT, 6:31 p.m. -6:48 p.m. Thomas Randgaard, Applicant, was present. • Weinberger stated this application has appeared before the Planning Commission on two separate occasions where no action was taken due to the absence of the Applicant. The Applicant is requesting a conditional use permit to permit a 14 foot extension to an existing dock. The dock is located in Lake Minnetonka and would fall under the jurisdiction of the Lake Minnetonka Conservation District. A permit was issued for the dock by the LMCD in June, 1999. The LMCD has reviewed the permit request with the Hennepin County Sheriff's Water Patrol and has determined the permit issued for the dock will not create navigational problems in the cove. It is believed this dock has existed as a permanent dock prior to 1983. Weinberger stated a large boat may pose a problem due to the fact that only 70 feet exists between the proposed dock extension and the opposite shoreline. Greg Nybeck, LMCD, has stated the Hennepin County Sheriff's Water Patrol has reviewed the matter of the proposed dock extension and has concluded the actual dock structure does not create a navigational problem in the channel. Nybeck did concur that parking of boats on the north side of the dock could obstruct access to other docks in the channel. The Applicant has agreed that the north side of the 14' dock extension should not be used for parking of additional boats due to the navigational problems it may cause. City Staff is recommending approval of the conditional use permit subject to, one, the Applicant maintaining active licenses with the LMCD and DNR; two, the dock does not cause navigational problems or obstruct access within the channel per LMCD requirements; three, future replacement or alteration of the dock will require a new conditional use permit from the City of Orono; and four, no parking shall be permitted on the north side of the dock. Randgaard stated he would like to park boats on the north side of the dock extension if possible, noting that in his opinion there are adequate laws governing the channel. Randgaard stated he has agreed to not park boats in front of the 14 foot dock extension. • Berg inquired why the Applicant is in need of a 14 foot dock extension. Page 1 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 • (#2551 Thomas Randgaard, Continued) Randgaard stated he currently does not have enough room for his boat. Berg inquired whether the second dock owned by the Applicant will be removed. Randgaard stated the second dock is primarily a swimming dock, noting he is unsure whether he will be putting the dock in this year. Hawn inquired whether there was a requirement that docks be limited to one per parcel of property. Weinberger stated each dock requires a permit. Weinberger noted the second dock has not been issued a permit and should be inspected to insure that the dock does not encroach into the channel or setbacks. Hawn indicated in her view the Applicant should obtain a permit for the second dock. There were no public comments regarding this application. Hawn indicated to the Applicant that his neighbors did appear on a prior occasion when this application was before the Planning Commission and expressed a number of concerns regarding the dock extension as well as the number of parties that appear to be taking place on this property. Hawn stated she would like to see the Applicant take steps to improve the situation and become a better neighbor. • Nygard commented the LMCD does govern how many docks are allowed per feet of shoreline. Randgaard stated he owns approximately 600 feet of shoreline, with the second dock being permitted according to the LMCD. Randgaard indicated he will not be parking a boat permanently on the north side of the dock extension. Berg encouraged the Applicant to become a good neighbor. Nygard commented he personally measured the area and found approximately 75 feet between the dock and the opposite shoreline, and questioned whether the Applicant felt there would be problems with navigating the channel. Randgaard indicated in his view there should not be any navigational problems in the channel. Lindquist moved, Hawn seconded,to recommend approval of Application #2551, Thomas Michael Randgaard, 2765 Shadywood Road, granting of a conditional use permit to allow a 14 foot extension to an existing dock subject to the conditions outlined in the March 20, 2000 City Planner's Report. Weinberger stated he will assume the maximum boat kept on this dock will not exceed 40 feet. Hawn commented in her opinion the boat could not be larger than that without causing navigational problems. Kluth amended the motion, Hawn seconded, to require a permit be obtained on the second dock. VOTE ON AMENDMENT TO MOTION: Ayes 5, Nays 0. • VOTE ON THE AMENDED MOTION: Ayes, 5, Nays 0. Page 2 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 • (#2) #2543 TED EDIN, 3025 CASCO POINT ROAD, VARIANCES, 6:49 p.m. -6:53 p.m. Ted Edin, Applicant, appeared before the Applicant. Bottenberg stated this application has appeared before the Planning Commission on two prior occasions where the application was tabled to allow the Applicant time to redesign a lakeside deck to conform more with Orono's zoning code. The Applicant has applied for variances to replace an existing second story deck on the lakeside of the house due to its deteriorating condition. The deck extends four feet from the house and is the full width of the house. In addition to replacing the deck, the Applicant is proposing to add a small section onto the deck approximately 8' by 12'to allow for a sitting area. Variances to structural coverage, hardcover in the 75-250' setback, and average lakeshore setback are required on this application. Bottenberg noted the Applicant has reduced the size of the proposed deck by 12.55 square feet, which reduces structural coverage from 23.3 percent to 23.2 percent. The Applicant is also proposing to reduce hardcover from 77.11 percent to 67.7 percent. The redesigned deck will not encroach further into the average lakeshore setback and will be located approximately 24 feet from the property line. Bottenberg stated the existing deck encroaches 55 feet into the average lakeshore setback. Edin had no comment regarding his application. Hawn acknowledged this process has been somewhat frustrating for the Applicant, noting she is pleased with the proposed changes. • Nygard and Berg stated they also liked the proposed changes. There were no public comments regarding this application. Nygard moved, Kluth seconded, to recommend approval of this Application #2543, Ted Edin, 3025 Casco Point Road, to allow variances to structural coverage, hardcover in the 75'to 250' setback, and average lakeshore setback, subject to the conditions outlined in the March 20, 2000 City Planner's Report. VOTE: 5-0. (#4) #2562 CORNERSTONE NEW TESTAMENT CHURCH, 850 WAYZATA BOULEVARD, CONDITIONAL USE PERMIT AND VARIANCES, 6:54 p.m. -7:05 p.m. Dave Henderson, Cornerstone New Testament Church, appeared. Weinberger stated the Applicant is requesting a conditional use permit to permit a "church" on property located at 850 Wayzata Boulevard. The property currently has an existing building that was constructed in 1966 and utilized as a religious institution. A special use permit was granted in 1965 to permit the church use on the site. The current zoning code was adopted in 1975 permitting churches as conditional uses in the "R" Districts. The property is owned by adjacent property owners to the north who intend to lease the building to the Cornerstone Church group for an undetermined period of time thought to be two to four years. Weinberger stated a variance to the signage is required to permit a 32 square foot on the property, which exceeds the 12 square feet currently allowed under City Code. • The Applicant is proposing parking for 30 cars. Required parking for a church is one space for Page 3 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 • (#2562 Cornerstone New Testament Church, Continued) each four seats based on the design of the main assembly hall. The proposed parking would accommodate 120 people. If additional parking is needed, it appears the parking lot could be realigned to permit additional spaces. The Applicant has also indicated the current lighting on the property would remain. Staff has indicated to the Applicant that new lights deflecting all light down should be installed. The Applicant has further indicated they will Ibe planting additional trees over the north and east portions of the property. Weinberger noted a conditional use permit remains in effect as long as the conditions agreed upon are observed and the use does not cease for a period of more than six months. Weinberger stated there is a concern regarding the septic system, which has been demonstrated to be non-compliant due to the three foot separation rule and must be replaced by the year 2007. Weinberger stated the Applicant is requesting a variance to permit a 32 square foot sign where 12 square feet is permitted to allow for easier identification of the church and service times. The proposed sign would be located on Highway 12, where there is a 55 mph speed limit. The Applicant is proposing to erect a four by eight foot wooden sign on the existing posts. A hardship exists due to the speed of traffic and the location of the church. Dave Henderson stated he is available for questions. There were no public comments regarding this application. • Lindquist inquired what the plans for this property are two to four years from now. Henderson indicated he was not sure. It was the consensus of the Planning Commission that the proposed sign was acceptable. Hawn moved, Kluth seconded,to recommend approval of Application #2562, Cornerstone New Testament Church, 850 Wayzata Boulevard, granting of a variance to signage and a conditional use permit to allow the existing building subject to the conditions outlined in the March 20, 2000 City Planner's Report. VOTE: Ayes 5, Nays 0. SCHEDULED PUBLIC HEARINGS (#3) #2567 WALFRED PROPERTIES, 2380 AND 2364 SHADYWOOD ROAD, 3326 NAVARRE LANE,ZONING CODE AMENDMENT, VARIANCES, VACATION AND COMMERCIAL SITE PLAN 7:06 p.m. -8:19 p.m. Tom Reinen, Project Architect, and Bob Weigert, Project Engineer, appeared. The Certificate of Mailing and Affidavit of Publication were noted. Weinberger stated the Applicant is requesting a commercial site plan review to permit construction of a 12,000 square foot Synder's Drugstore and Medical Office Building on the Grace Baptist Church site in Navarre. Weinberger noted approximately one year ago a Walgreen's had been proposed for this site. • The Applicant is proposing to construct a 12,000 square foot two story building, with the ground Page 4 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 • (#2567 Walfred Properties, Continued) floor to be utilized as a Snyder's Drugstore consisting of 9,050 square feet, and the second floor being designated for 9,000 square feet of office space, which is intended to be used as a medical office. Weinberger stated the Applicant is proposing a lower level underground parking area to accommodate 25 parking spaces. Weinberger stated currently the proposed drugstore is not a permitted or conditional use in the B-5 District. The Applicant is requesting an amendment to allow a drugstore as a permitted or conditional use in the B-5 District. Weinberger indicated two other B-5 Districts would be affected by this zoning amendment. Variances are required to permit a front yard setback for a parking lot to encroach five feet. The proposed parking area is 15 feet from the property line where the Code requires 20 feet. A variance to hardcover is also required to permit 27,165 square feet of hardcover in the north 500-1000' shoreland setback where 12,896 square feet is allowed, and to permit 5,803 square feet in the south 500-1000' shoreland setback where 3,231 square feet is allowed. A variance to parking is also required to permit 96 parking spaces on the property where 105 spaces are required. Weinberger noted the pond and parking areas are located within what is now City of Orono property known as Navarre Lane. The Applicants have requested to vacate the west half of the undeveloped right-of-way to provide additional land area. Currently the right-of-way is used for sewer, water, phone and gas lines. The Applicant is proposing to relocate these lines outside of the right-of-way. The south half of the east 33 feet of Navarre Lane was vacated in favor of the O'Sullivan property to provide additional parking area. • Weinberger stated the proposed pond will require the Applicant acquire additional land to the east or an easement for ponding purposes. The City Engineer is also recommending the Applicant provide details as to how the pond will be constructed and how it will impact the existing wetland in the area. The pond is designed to handle the runoff from the subject lot and the adjacent property to the east. A requirement at the time of approval of the existing pond was that the pond would be redesigned at the time the church property is redeveloped. The City Engineer has reviewed the drainage and pond capacity and has determined the pond is not designed to NURP standards. Weinberger commented the City's sign ordinances currently do not list B-5 standards. Staff has determined the uses permitted in the district ase consistent with many of the uses in the B-1 district, which permit one square foot of sign space for each square foot of frontage. The total frontage for this property is 380 feet along County Road 19, with the total amount of signage permitted on this property being 380 square feet. The Applicant is proposing to erect several back lit signs that would be located on the building and one monument sign which would be located at the south entrance. Weinberger noted a retaining wall is proposed on the property along the west property line and extending to form the pond wall. Some parts of the wall will be close to 20 feet in height. The exposed portions of the wall would be required to be 12 or 14 feet in height due to the existing topography and grading necessary for the parking areas. Landscaping in this area is being recommended to screen the walls where they may be visible to residentially zoned properties. The Applicant is proposing a natural buffer along the west property line to screen the property and retaining wall. The proposed plan indicates a series of trees along the north property line, with several other plantings being proposed in the green space along Shadywood and in the natural islands in the parking lot. • Page 5 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 • (#2567 Walfred Properties, Continued) The Applicant is also proposing an eight foot wide pedestrian access to connect the Olive Avenue neighborhood to this property. The access would connect Olive Avenue to the existing sidewalk along Shadywood. The vacation of Navarre Lane would require public access through the lot via this trail. An easement for trail purposes should be granted to the City. Weinberger noted the City did agree to vacate the west half of Navarre Lane in a prior application. Weinberger stated the City of Orono would like to reserve the right to limit access for the southerly entrance/exit to a right in/out should traffic levels increase to create a public safety concern. Normally only one driveway access is allowed for a business site, with two being proposed. The circulation pattern for the current plan is quite similar to the earlier plans and is expected to accommodate the drive-through. Weinberger stated a conditional use permit is required for grading on the property within five feet of the lot lines. The grading plan indicates the pond and some grading will occur off site. The Applicants will need to obtain the appropriate easements that would permit off site use. City Staff has some concerns with the unresolved grading issues, especially the pond size and location, with additional information needing to be submitted by the Applicant. Staff is recommending the application be tabled to allow the engineering issues to be resolved. Tom Reinen, Project Architect, indicated they have modified the parking plan to include an additional nine parking stalls. Reinen noted the proposed building will be constructed out of brick. Bob Weigert, Project Engineer, stated they have revised their plans as it relates to the pond to allow for more water runoff storage, and in their opinion the size of the pond is now adequate to meet the water runoff demands for this area. Weigert stated they are willing to relocate the utilities out of the wetland area if required. John Ericson, 1620 Shadywood Road, inquired about the location of the sidewalk. Weinberger stated the sidewalk would be located along the edge of the parking lot near the retaining wall, which will allow for safe pedestrian traffic to this site. Ericson stated he is in support of the application, noting he would like to see this site improved. Chad Nilsson, 3324 Navarre Lane, inquired about the hours of operation for the drive-through. Wally Klus, Walfred Properties, indicated the hours of operation will be until 10:00 p.m. Klus stated they will be installing shielded lighting. Andy McDermott, Chairman of the Park Commission, indicated the Commission has expressed interest in the past in retaining a portion of Navarre Lane to provide for easy access to this area. McDermott stated he would prefer the path not deadend into Olive Avenue as well as provide access up to the intersection in this area. McDermott stated in his personal opinion he would like to see the existing building removed. McDermott expressed some concerns regarding the size and height of the building, noting that it is located close to a residential area. McDermott suggested the building be relocated closer to Culver's as well as some of the proposed parking eliminated. McDermott stated the people who • would frequent this building would do so on a short-term basis, and if the use of the building should Page 6 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 • (#2567 Walfred Properties, Continued) change in the future, additional parking could be added. Lindquist inquired whether the Applicant had a problem with constructing a sidedown down to Olive Avenue. Reinen indicated they did not. Hawn commented the Planning Commission tonight is simply reviewing the appllication, obtaining public comment, and making a recommendation to the City Council. Hawn indicated the City Council will be reviewing this application as well and making a final decision on whether it should be approved or not. John O'Sullivan commented that this is a difficult site to develop, and encouraged the Planning Commission to approve this application. O'Sullivan stated in his opinion this project will benefit the community and appears to be largely conforming with the City requirements. Lindquist inquired whether the second story of this building will be utilized as office space should the proposed medical use elect to go elsewhere. Weigert indicated they have more than one interested medical party for this space. Weigert stated it is unlikely in his view that this space will be used for anything but medical. Weinberger stated office use would be a permitted use within this district. Weinberger indicated the • proposed parking would be adequate for office use. Berg inquired whether ample handicap parking was being provided. Reinen stated they are proposing four on grade and one underground, which meets the standards for handicap parking. Hawn indicated that while she would like to see the old building removed and an attractive building constructed in its place, she has some concerns regarding the amount of hardcover being proposed for this property and the fact that this is primarily a residential area. Hawn noted this area is located within the watershed district, and the excessive hardcover and increased traffic with this project should be addressed. Kluth commented in his view a drugstore should be allowed as a permitted use for this district. Hawn stated in her view the intent of the language permitting a drug store was aimed at a small family owned drugstore rather than a large retail operation. Berg stated there appears to be more than ample parking for the building. Weinberger stated the parking does comply with the parking regulations for a building of this size and use. Lindquist noted the City has attempted to redevelop this property in the past with no success. Lindquist stated based on what he has seen in the past and tonight, he would be in support of the project. Berg stated she would like to see the stipulation added that if traffic counts are high, the second Page 7 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 (#2567 Walfred Properties, Continued) curb cub be closed. Berg stated in her opinion this is a workable plan, with an attractive building being proposed in place of the old deteriorating building that currently exists on this property. Weinberger pointed out as a condition of approval the four tax parcels should be legally combined. Hawn stated the application could proceed forward with some of the issues still remaining unresolved or the application could be tabled to allow the Applicant time to resolve the issues relating to the pond and trail. Weinberger concurred that there are some engineering issues that need to be resolved. Reinen indicated he has been actively working with City Staff on this application, noting in his view the engineering issues can be resolved. Reinen stated they have submitted new information today relating to those issues. Hawn stated in her opinion this application should appear before the Planning Commission again once the issues are resolved. Lindquist stated he would be comfortable either way. Kluth and Berg indicated they feel the issues can be resolved and recommended the application proceed forward to the City Council. • Hawn noted the Applicant will need to meet with the Park Commission as well. Lindquist moved, Kluth seconded, to recommend approval of Application #2567, Walfred Properties, 2380 and 2364 Shadywood Road, 3326 Navarre Lane, granting of a zoning code amendment to the B-5 District, variances to hardcover, front yard setback, and parking, vacation of a portion of Navarre Lane, and approval of the commercial site plan, subject to the conditions outlined in the March 20, 2000 City Planner's Report, subject to the submittal of more detailed landscaping, lighting, parking, grading and drainage plans for review and approval by the City Engineer, construction of a sidewalk connection from Olive Avenue to Shadywood and Navarre Lane, and further subject to review and approval by the Park Commission, approval by Hennepin County and the City Engineer as it relates to access, with the added condition that if traffic intensifies, the southern access will be limited. VOTE: Ayes 3, Nays 2, Hawn and Nygard opposed. Nygard and Hawn indicated they would like to see the items resolved prior to the application proceeding forward to the City Council. (#5) #2564 WILLIAM SCOTT DAMPIER, 3550 IVY PLACE, VARIANCES, 8:20 p.m. - 8:58 p.m. William Dampier, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicant is requesting variances to permit a 364.5 square foot addition to the south side of the residence and to remodel the existing residence. The project involves • removing the roof, the street side deck and steps, and the second story. The first story walls and foundation will remain. The addition will replace the outside stairway and provide for an entrance Page 8 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 • (#2564 William Dampier, Continued) through the house. The height of the structure will remain the same. This addition will also aid in diverting water runoff further downhill rather than into the house. Bottenberg stated variances to lot coverage and lakeshore hardcover within the 75-250' of the shoreline are required. A variance to hardcover is required to permit 48.9 percent hardcover where 25 percent is allowed. Currently 55.4 percent hardcover exists in this area. The Applicant is also proposing 18.7 percent structural coverage where 16.8 percent exists and 15 percent is allowed. Bottenberg noted the lakeside deck is considered structure because it is more than six feet above grade. If the lakeside deck were not considered structural coverage, the proposed house and addition would meet the 15 percent limit. City Staff is recommending this application be tabled. Dampier stated he has attempted to comply with all of the City's regulations regarding this property, which has been a frustrating and difficult process. Dampier indicated he was told these plans would be approved by Chris and Lyle on City Staff. Dampier stated Casco Point is zoned LR-1 C, half acre lots, with zones B and C being allowed as much as a 15,000 square foot structure on a two acre lot. Dampier stated according to City Codes, he is limited to 1,954 square feet, which in his view is placing an unfair burden on himself as well as the other residents on Casco Point. Dampier stated when the exception is more common than the rule, the rule should be changed, particularly in this case. It is doubtful that any single lot on Casco Point concurs with the current City rules, with a number of homes in the neighborhood • exceeding the allowable structure coverage limit. Dampier stated his neighbors have slightly larger homes than himself with detached garages. The plan before the Planning Commission tonight takes into account the environmental and the community as a whole, with the proposed reduction in hardcover being a win/win situation for all. Dampier stated he has met with City Staff on a number of occasions for the past few years, with the exact same model being presented to Lyle and Chris for their review and approval. Dampier stated he informed City Staff approximately one year ago that he wished to purchase the large oak timbers needed to complete this project, which was a long and costly process. City Staff was asked at that time whether the proposed project would be approved. Dampier stated he was told the project would more than likely be approved. Dampier stated he then proceeded forward with the purchase of the large oak timbers, which are very rare and expensive, and at this time is not agreeable to removing them. Dampier stated the addition to the existing residence will not block his neighbors' view of the lake, will improve his existing structure as well as increase the City's tax base, reduce the current hardcover and existing structural coverage, as well as improve the existing drainage problems being experienced on this property, which will benefit the community. Dampier expressed some frustration regarding his discussions with Bottenberg, noting that he was told he had to remove his existing deck in order to bring the structural coverage on this lot into compliance. Dampier stated there currently is no second story on the north side of the house, which in essence means that the existing second story will not be removed. Dampier stated his front deck currently is in compliance with the American Disablities Act. Dampier stated he has a different view on what should be viewed structure and non-structural, • indicating in his view Bottenberg's view of what should be determined as structural coverage is Page 9 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 • (#2564 William Dampier, Continued) incorrect. Dampier stated the stairs in his view should be considered as part of the house. Dampier stated the existing decks on the house are in a deteriorating condition and need to be replaced. Dampier stated the hardcover numbers for his driveway should be reduced by a substantial amount since the driveway consists of bricks laid in dirt which has a fair amount of grass growing inbetween the bricks Dampier reiterated the majority of the homes in the Casco Point neighborhood are non-conforming to the existing City Codes, and urged the Planning Commission to approve his application tonight based on the reduction in existing hardcover and structural coverage, the improvements to the existing drainage, and the increase in tax base, which is a benefit to the City as a whole. There were no public comments regarding this application. Hawn stated a large portion of the Applicant's comments were directed towards zoning of Casco Point, which the Planning Commission is not in a position to address tonight. Dampier indicated he understands that position. Hawn stated what is defined as structural coverage and non-structural coverage is not open to debate with City Staff. Hawn stated City Ordinance stipulates certain hardcover and structural coverage numbers which must be adhered to by the Planning Commission, City Council, and residents. Hawn stated normally stairs are not considered structural coverage, but if a deck is located higher than six feet off the ground, it is considered structural coverage. Hawn stated if the • Applicant were to replace the deck and reduce the height of the deck, it would not be considered structural coverage. Hawn stated the major obstacle with this application is the increase in structural coverage, and an option offered by City Staff was to reduce the height of the deck. Dampier stated the deck as it currently exists today serves a handicapped member of his family. The American Disabilities Act precludes making that deck inaccessible by a handicapped person. Kluth stated City Staff or the Planning Commission is not requiring the Applicant to remove the deck, but merely has offered that as an option to reduce the amount of structural coverage on the property. Dampier stated that he was assured by previous City Staff that this deck would not pose a problem. Hawn remarked that City Staff is not in a position to say what will and what will not be approved by the Planning Commission and City Council. Hawn stated City Staff attempts to provide guidance to the Applicants on the rules and regulations the Applicants need to comply with. Hawn stated she would like to help the Applicant on this plan as much as possible, and one option for reducing structural coverage on the property is being reducing the height of the deck. Hawn stated she historically does not approve applications where there is an increase in structural coverage when the Applicant is already over the allowable limit. Dampier stated he is not in agreement with the structural and hardcover figures listed in City Staffs report. Lindquist concurred that typically the Planning Commission will not approve structural coverage over the allowable 15 percent, especially if the Applicant is already over the allowable limit. Lindquist • stated the maximum structural coverage that will be allowed by the Planning Commission is what Page 10 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 • (#2564 William Dampier, Continued) currently exists on the property. Dampier stated he is willing to accept Bottenberg's numbers on the hardcover. Dampier stated he is somewhat confused because the front deck is considered structural but the rear deck is not. Nygard stated as he understands the American Disabilities Act, the handicap access itself does not count towards your hardcover. Weinberger stated the American Disabilities Act does provide for one handicap access to the home, with certain portions of the access not being included in the hardcover figures. Weinberger inquired whether the home presently is handicapped accessible. Dampier stated currently the home is not handicapped accessible, with the proposed plan providing for a handicap access. Berg inquired whether there is a survey on this property. Bottenberg stated the survey in the file is dated March, 1990. Berg stated an updated survey is always required at the time of the application. Hawn stated there still appear to be some issues that need to be resolved prior to approval, with the biggest issue being the amount of structural coverage being proposed. Hawn stated the Applicant will need to reduce structural coverage somewhere on the property. Lindquist stated the Planning Commission is looking for a reduction in the amount of proposed structural coverage to reduce it to the amount that currently exists on the property. Dampier expressed frustration with the fact that the deck that appears to be in question now was just recently replaced, noting he is not in a financial position to remove the deck at this time. Kluth reiterated that the Planning Commission is not requiring the removal of the deck, but is asking the Applicant to reduce the overall structural coverage on his property. Kluth stated removal of the deck is one option available to the Applicant to reduce the structural coverage. Dampier stated leaving the deck aside, if he chooses to change anything on the foundation, that would be considered a rebuild rather than a remodel and then the setbacks would apply. Lindquist stated City Staff is willing to work with the Applicant on this application in order to reduce the structural coverage to what currently exists. Dampier commented that a majority of the houses in his neighborhood currently exceed the structural coverage limits. Lindquist stated the Planning Commission is not in a position tonight to discuss those. It was the consensus of the Planning Commission that they would be willing to approve variances to setback and hardcover but not inclined to grant a structural coverage variance in excess of what currently exists on the property. • Hawn inquired whether the Applicant would like the Planning Commission to act on his application Page 11 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 • (#2564 William Dampier, Continued) tonight or to table the matter. Dampier requested the Planning Commission vote on his application tonight. Motion by Hawn, second by Kluth,to recommend denial of Application #2564,William Scott Dampier, 3550 Ivy Place, granting of variances to permit a 365.4 square foot addition to the south side of the residence and to remodel the existing residence due to the excessive amount of structural coverage being proposed. VOTE: Ayes 5, Nays 0. Dampier inquired whether the Planning Commission had read his statement of hardship on this application. The Planning Commission indicated they have read his hardship statement. (#6) #2565 PETER SCHERER, 15 ORONO ORCHARD ROAD SOUTH, VARIANCE RENEWAL, 8:59 p.m. -9:03 p.m. Peter Scherer, Applicant, was present. The Certificate of Mailing and Affidavit of Publication were noted. • Bottenberg stated the Applicant is requesting a variance renewal, with a variance being granted for lot width on September 26, 1994. The previous owner were proposing to remove the existing house and construct a new residence on the property. The existing house was removed; however, the new residence was not constructed on the lot. The present owner is proposing to construct a new residence on the lot that meets all setbacks in the RR-1 B zoning district. The Applicant would like to renew the lot width variance on this property. Scherer indicated he was not aware the variance had expired. There were no public comments regarding this application. Motion by Hawn, second by Lindquist, to recommend approval of Application #2565, Peter Scherer, 15 Orono Orochard Road South, granting of a variance renewal to lot width. VOTE: Ayes 5, Nays 0. (#7) #2566 JAMES LANGHANS, 1366 REST POINT ROAD, VARIANCES, 9:03 p.m. - 9:07 p.m. Mr. and Mrs. James Langhans, Applicants, were present. The Certificate of Mailing and Affidavit of Publication were noted. Bottenberg stated the Applicant is requesting a variance to remove a lakeside deck and replace it with a 16' by 18' addition and a 465 square foot deck for a total of 753 square feet. The addition and deck meet all the setback requirements for the LR-1 B zoning district. A variance to the lakeshore hardcover within the 75-250' setback is required. The Applicant is • requesting hardcover in the amount of 29.33, with the existing hardcover being 29.37 percent. Page 12 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 • (#2566 James Langhans, Continued) Langhans stated the hardcover in that area will be slightly reduced with this proposal. Langhans noted some areas of hardcover cannot be removed due to erosion problems. Lindquist noted the structural coverage on this property will remain under the allowable 15 percent limit. Lindquist stated he does not have a problem with this application. There were no public comments regarding this application. Motion by Hawn, second by Lindquist, to recommend approval of Application #2566, James Langhans, 1366 Rest Point Road, granting of a variance to lakeshore hardcover to permit the removal of a lakeside deck and replace it with a 16' by 18' addition and a 465 square foot deck. VOTE: Ayes 5, Nays 0. SKETCH PLAN (#8) #2563 MIKE AND RUTH FILBRANDT, 3960 BAYSIDE ROAD, SKETCH PLAN REVIEW Mike Filbrandt, Applicant, and Tracy Ingram, Contractor, were present. Weinberger stated this is a sketch plan review. The Applicants are interested in subdividing the property into two buildable lots. The total acreage consists of approximately nine acres of dry buildable land, with the minimum lot size being five acres in the RR-1A district. Weinberger stated there is an issue with the amount of wetlands in the area. Weinberger stated the most appropriate way to subdivide the property would be to do a lot line rearrangement because three separate tax parcels exist. Filbrandt stated in approximately 1979, the City Council elected to make this property five acres, with the surrounding land being zoned two acres. Filbrandt acknowledged that there is some wetlands in the area which will need to be delineated. Filbrandt stated he is looking at creating two or three lots. Weinberger stated City Staff has discussed with the Applicants the most appropriate way to subdivide this property. Weinberger stated they have considered a lot line rearrangement and a replatting of the property. Weinberger stated there currently exist three separate tax parcels which have not been combined and could potentially be sold as three separate lots. Weinberger stated it is possible that Lot A would meet the minimum five acre standard, which has not been determined at this time due to the lack of a wetland delineation. The property consists of 27 acres, 17 of which are considered to be wetland. A lot line rearrangement is not currently permitted by code the way it could potentially occur on this lot. The City of Orono has used lot line rearrangements when there are two lots that could be developed residentially to create lots that are more comparable in size with the zoning in the area. Weinberger stated a lot line rearrangement in this case would allow the number of dwelling units to increase on this property from what currently exists. The ordinance requires that there be two conforming lots, and does not allow for any flexible zoning issues such as a variance. • Weinberger stated according to the way the Ordinance currently reads, the only way to legally Page 13 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 • (#2563 Mike and Ruth Filbrandt, Continued) develop this property would be to replat the property, which would make it a Class III subdivision because flexible zoning is required in this instance from the five acre zoning requirement. Weinberger stated some other issues the Applicant will need to consider is the availability of acceptable septic sites for both lots, lot width, and adequate access. In order for the Applicant to accurately determine how much land is available for each lot in the subdivision. Filbrandt stated there may be some additional land in the rear that could possibly count as dry land and raise the total dry buildable land to ten acres. Lindquist commented that perhaps some consideration could be given to rezoning this area to two acres. Lindquist stated he would prefer seeing two acre zoning in this area versus have one five acre lot and one four acre lot. Weinberger stated the wetland delineation will help determine how much dry buildable land is actually available. Weinberger stated they did not consider rezoning this area to two acres due to the City's Comprehensive Plan. Lindquist stated the rezoning issue will need to be reviewed and approved by the City Council. Berg commented in her view rezoning to two acres is a viable option that should be considered for this property. Berg stated she is unsure why this area was zoned five acres. . Hawn suggested if the Applicant is unable to meet the five acre minimum, to give some consideration to requesting that this area be rezoned to two acres. PLANNING COMMISSION COMMENTS (#9) REPORT OF PLANNING COMMISSION REPRESENTATIVES ATTENDING COUNCIL MEETINGS ON FEBRUARY 28, 2000 AND MARCH 13, 2000 Nygard stated the City Council is continuing to pursue the Dakota Rail to Trail project. Hawn noted the Planning Commission has been requested to meet with the Long Lake Planning Commission to discuss Wayzata's Development Guidelines and Comprehensive Plan, with a meeting date scheduled for April 11 at 6:30 p.m. Hawn stated she would like the Orono Planning Commission to meet in a workshop setting prior to that meeting. Hawn commented one reason for the joint meeting is to consider the possibility of cooperating on development that may occur along the Highway 12 corridor. (#10) OTHER ISSUES FOR DISCUSSION None • Page 14 ORONO PLANNING COMMISSION MEETING MINUTES FOR MARCH 20, 2000 • (#11) PLANNING COMMISSION APPROVAL OF MINUTES FOR NOVEMBER 22, 1999 AND FEBRUARY 23, 2000 Motion by Kluth, second by Hawn, to approve the minutes of the November 22, 1999, and February 23, 2000 Regular Planning Commission meetings as submitted. VOTE: Ayes 5, Nays 0. (#12) SELECTION OF REPRESENTATIVES FOR CITY COUNCIL MEETINGS ON MARCH 27, 2000 AND APRIL 10, 2000 March 27, 2000- Berg April 10, 2000- Lindquist ADJOURNMENT Motion by Hawn, second by Nygard, to adjourn the meeting. VOTE: Ayes 5, Nays 0. There being no further business to discuss, the meeting was adjourned at 9:40 p.m. sue, - die zabeth Hawn, Chair • • Page 15